Canadian Law

Question 1

Canadian Legal System is based on ___

Answer 1

an English style common law system

Question 2

Federal Gov’t looks after ___

Answer 2

Taxation, regulation of trade & commerce, transportation, National Defence, Criminal Law, Patents, etc.

Question 3

Provincial Gov’t looks after ___

Answer 3

Property rights, Provincial environmental issues, Provincial civil and criminal courts, contracts (aka labour) and professional bodies

Question 4

With the Canadian Constitution, everyone ___

Answer 4

has the freedom of religion, peaceful assembly, association, the rights of life, liberty and security, not be subject to any cruel and unusual treatment or punishment, etc.

Question 5

Territories were assigned ___

Answer 5

power by the federal gov’t as they saw fit but acted much like provinces

Question 6

Supreme Court of Canada

Answer 6

Canada’s final appeal court.
Independent of the federal, provincial and territories and deals only with items of national importance:
- large claims, federal criminal and divorces

Question 7

Federal Court of Canada

Answer 7

Deals with claims against the gov’t of Canada, Transportation issues, trademarks, decisions of federal tribunals, etc.

Question 8

Provincial Courts of Appeal

Answer 8

the last avenue in the province for commercial disputes, property disputes, negligence claims, family court less than divorces, small claims court < $25K

Question 9

Quebec has a ____ legal system

Answer 9

different (codified or napoleonic)

Question 10

Creation of Law

Answer 10

Normally, politicians make laws, public servants enforce it and judges would interpret it. However, judges have been interpreting the law differently than intended and it is becoming a big issue

Question 11

What is wrong with Claims and Disputes?

Answer 11

Resolving them is costly as they take up time, money and energy. Alternatives can be taken rather than going to a court

Question 12

International Law (hint: working outside of Canada)

Answer 12

Should respect treaties. If you are taxed in the country you are working you can offset the taxes you pay in Canada. Still bound to Canadian professional practices

Question 13

What is the Theory of Precedent? (hint: think about past lawsuits)

Answer 13

In deciding cases, the courts apply legal principles established in previous court decisions that involved similar or analogous fact situations

Question 14

What is the rule of law?

Answer 14

NO ONE is above it

Question 15

What is litigation?

Answer 15

a lawsuit

Question 16

Who is a plaintiff?

Answer 16

party bringing the action or making the claim in the lawsuit

Question 17

Who is a defendant?

Answer 17

party defending the action or the party against whom the claim has been made

Question 18

Who is an appellant?

Answer 18

party appealing the decision of a lower Court, in either civil litigation or criminal matters

Question 19

Who is a respondent?

Answer 19

Party seeking to uphold a decision of the lower court that is being appealed (term applies in both civil litigation and criminal matters)

Question 20

Privity of Contract

Answer 20

describes the legal relationship between parties to a contract

Question 21

Who is a creditor?

Answer 21

A party to whom an amount is owing

Question 22

Who is a debtor?

Answer 22

A party that owes an amount to a creditor

Question 23

What is indemnification?

Answer 23

promise to directly compensate or reimburse another party for a loss or cost incurred

Question 24

What is judge-made law?

Answer 24

allows judges to overrule gov’t which frustrates the politicians (e.g. marijuana in Canada)

Question 25

What is so significant about 1982?

Answer 25

1982 - Canada became a fully independent and self governing country when the British North America Act (BNA) was changed and renamed the Canadian Constitution